Section 1001.260 Rehearings

Section 1001

Section 1001.260  Rehearings

a)         A request by the petitioner for a rehearing will be granted if

good cause is shown. A request for a rehearing must be accompanied by a $50

filing fee, as provided in Section 1001.220(b).

b)         Good cause is shown when the petitioner is able to

demonstrate:

1)         that a real and compelling reason existed at the time of the

original hearing for his/her failing to appear due to unforeseen, unavoidable

or uncontrollable circumstances, such as an Act of God, the sudden illness or

death of the petitioner or a member of his/her immediate family, or of the

petitioner's legal counsel; or

2)         the recent discovery of new evidence that was not known to

exist or was not known to be available at the time of the original hearing.

Evidence will not be considered "new evidence" if it could have or

should have been discovered by the reasonable exercise of diligent inquiry

and/or effort by the petitioner.

c)         Rehearing requests must be in writing and directed to the

Secretary of State, Department of Administrative Hearings, Support Services,

Room 207, Howlett Building,  Springfield, Illinois 62756.

d)         If the interested party appears and the petitioner fails to

appear or withdraws, the hearing will be held and the testimony of the

interested party or any other witness present may be taken.  The evidence

admitted at the original hearing shall be admissible at a rehearing and the

petitioner shall be deemed to have waived the right of cross-examination of any

witnesses at the original hearing.